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Full text of "Political Science Of The State"

called forth laws, anticipated the creeping in of new usages
and customs. It rather recognized and sanctioned customs
which already existed. There must have been customs to a
great extent which communities admitted, which guided the
decisions of judges, and were widened in their application ;
until at length codes, or collections of usages that all ac-
knowledged to have a sort of binding force, expressed in
clearer terms what a large tribe or community admitted to
have the force of law, or modified that which had become
questionable, and added some new matter.
If we can conceive of communities, chiefly of primeval
ones, as thus passing from customs to unwritten law, from
unwritten to written, we may form, perhaps, a juster con-
ception of what are called institutions. How are these re-
lated to laws ? How do they differ from one another in the
course of time ? How do nations differ from one another in
the capacity to form them ? What are the different kinds of
institutions ?                                                                      ,
If customs grow up in early societies until they have the
force of law, this is a kind of unconscious process, in the
same way as the steps towards the invention of machines
which help the arm and leg are at first unconscious, that is,
without previous plan. The customs will vary in different
communities, because man himself varies, until races, dia-
lects, national feelings are produced by such tendencies to
variety, and in their turn add to the variety. The laws or
customs that thus arise express the relations between men in
a community to one another and towards the community as
a whole. But law may also, as it works in modern states,
establish something positive, for instance may found a bank,
charter a city, set up a police system, create a bench of judges.
The law gives rise to these forms of human activities in defi-
nite spheres and we call them institutions, as being set up or
established. Thus in the word we express the fact that while
law in itself has no power to act itself out or by its inward
energy to control life in the state, it can impart an indepen-
dent, permanent energy to something else in the state; it .can